Dr. S. Murlidhar, J.—Through this petition under Section 482, Cr.P.C. the petitioners seek to be discharged in Criminal Complaint No. 5654/1 titled D.C.M. Financial Services Ltd. v. M/s. Sai Moh Auto Links Pvt. Ltd., pending in the Court of the learned Metropolitan Magistrate (‘MM’), New Delhi under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’).

2. The aforementioned complaint was filed in respect of the dishonour of a cheque No. 319925 dated 1.11.1998 for a sum of Rs. 1,68,441 drawn in favour of M/s DCM Financial Services Ltd. By Sai Moh Auto Links Pvt. Ltd. (SMALPL). The cheque when presented to the drawer’s bank was dishonoured with the remarks “funds insufficient”.

3. The petitioner No.1 Dinesh Mohindra and Petitioner No. 2 Karuna Mohindra have been arrayed in the complaint as accused Nos. 3 and 5 respectively. The averments in the complaint relevant to the petitioners are in paras 13 and 14 which read as under:

“13. That the accused No.1 is a Company/firm and the accused Nos. 2 to 5 was in-charge and was responsible to the accused No. 1 for the conduct of business of the accused No. 1, at the time when the offence was committed. Hence, accused Nos. 2